Chabrowski v. Bank of America NA et al

Filing 16

ORDER: IT IS ORDERED that Plaintiff's Motion to Remand Cause to State Court (Doc. 8 ) is DENIED [see attached Order for details]. Signed by Senior Judge James A Teilborg on 7/20/17.(MAW)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Derek Jahn Chabrowski, Plaintiff, 10 11 ORDER v. 12 No. CV-17-08111-PCT-JAT Bank of America NA, et al., 13 Defendants. 14 15 16 Pending before the Court is Plaintiff Derek Chabrowski’s Motion to Remand Cause to State Court. (Doc. 8). The Court now rules on the Motion. 17 Defendants removed this case to this Court in a timely manner on the ground that 18 it contains issues of federal law under the Protecting Tenants at Foreclosure Act of 2009 19 and 12 U.S.C. § 5220; thus, Defendants claim federal question jurisdiction. (Doc. 1). 20 Defendants further claim supplemental jurisdiction over all other claims because they 21 relate to the federal claims that form part of the same case or controversy. (Id.). Plaintiff 22 argues that remand is appropriate on the ground that diversity jurisdiction does not exist 23 in this case. (Doc. 8 at 1). 24 Federal question jurisdiction exists in this case because the claims under the 25 Protecting Tenants at Foreclosure Act of 2009 and 12 U.S.C. § 5220 arise under federal 26 laws. See 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all 27 civil actions arising under the Constitution, laws, or treaties of the United States.”). 28 Further, this Court has supplemental jurisdiction over the state law claims under 1 28 U.S.C. § 1367 because the other claims are part of the same case or controversy giving 2 rise to original jurisdiction. Because, subject matter jurisdiction exists in this case through 3 federal question jurisdiction and supplemental jurisdiction, diversity jurisdiction is not 4 necessary. 5 Accordingly, 6 IT IS ORDERED that Plaintiff’s Motion to Remand Cause to State Court 7 8 (Doc. 8) is DENIED. Dated this 20th day of July, 2017. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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